Samuel Freeman Miller

“ It is urged that a sum equal to the interest on the money borrowed by Peugh should be allowed as rent, or for occupation, from the time Davis asserted his ownership and possession. We can see no reason for this, and it would have been in conflict with the instruction contained in the opinion of this court that he 'should be charged a reasonable sum for the use and occupation.' If this was worth nothing, that was the end of that matter. ”

“ It is said that during the period in question the land rap dly rose in value and afterwards declined; that Peugh could have sold it, and probably was offered a sum for it which would have left him a large profit; and that he ought in this transaction to set off this loss against the amount he must pay to redeem. This is not allowance for use and occupation. It is damages for a tort. It cannot be recovered in this suit, if it could be recovered in any.
The short answer to all this is that Mr. Peugh owed the money he had borrowed from Davis. ”

“ What he is now claiming in the original suit is the right to pay the money and have a reconveyance of the land. Nothing hindered during all this time that he should pay this money; and if, as he alleges, Davis denied his right to do so, then he should have made a regular and lawful tender of the amount due. ”